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TOWN OF SPRUCE PINE v. AVERY COUNTY

No. COA95-639.

475 S.E.2d 233 (1996)

TOWN OF SPRUCE PINE, a Municipal Corporation, and Bryant Electric Company, Inc., Plaintiffs, v. AVERY COUNTY and Avery County Board of Commissioners, consisting of Susan B. Pittman, Phyllis Forbes, Bill Beuttell, Arlene Eller, Tommy Burleson, Individually, Defendants, v. The NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION, the Division of Environmental Management of the North Carolina Department of Environment, Health and Natural Resources; and the Division of Environmental Health of the North Carolina Department of Environment, Health and Natural Resources, Additional Defendants.

Court of Appeals of North Carolina.

September 17, 1996.

Attorney(s) appearing for the Case

Wyatt Early Harris & Wheeler, L.L.P. by Thomas E. Terrell, Jr., High Point; and Lloyd Hise, Jr., Spruce Pine, for plaintiffs.

Ronald W. Howell, P.A. by Ronald W. Howell, Asheville; and Joseph W. Seegers, Newland, for defendants.

Attorney General Michael F. Easley by Special Deputy Attorney General Daniel F. McLawhorn, Special Deputy Attorney General Kathryn Jones Cooper, and Assistant Attorney General Sarah Y. Meacham, for additional defendants.

LEWIS, Judge.

This appeal requires us to determine the constitutionality of the Water Supply Watershed Protection Act, 1989 N.C.Sess.Laws ch. 426 (codified at N.C.Gen.Stat. sections 143-214.5 and 143-214.6 and amending N.C.Gen. Stat. sections 143-215.2(a) and 143-215.6(a)) (1993) ("WSWPA").

This case had its genesis on 19 March 1993 when an Avery County building inspector refused to grant the Town of Spruce Pine in Mitchell County ("Town") and its contractor...

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